Legal Issues

Question 1

How can a corporation be guilty of a crime?

Answer 1

A corporation s guilty of a crime if its ‘directing mind’ committed the prohibited act and had the necessary state of mind to be found guilty

The crime must be intended to benefit the corporation in order for the corporation to be guilty

Question 2

What is civil liability?

Answer 2

Civil liability gives a person the right to obtain redress (sue for damages/personal injury) from another person

Question 3

What are some examples of civil liability in healthcare?

Answer 3

Damages caused by a fall down broken stairs -> bone fracture -> housekeeping costs -> pain and suffering from injury -> loss of salary

Damages from unjustified attack on reputation (defamation) - depression - psychologist fees - loss of friendships

Question 4

What is tort law?

Answer 4

Anything in civil court except contractual issues - you wronged someone, and they demand compensation for that wrong

A lot of the issues in AT to do with tort law have to do with negligence

Question 5

What are the 4 elements of negligence?

Answer 5

Duty of care
- Defendant owes a duty of care when it is reasonably foreseeable that the defendants acts or omissions could cause harm to individual

Breach of duty
- Defendant failed to reach standard of care

Causation
- Cause and effect between one event or action and the result

Damages
- Compensatory and non compensatory damages

Question 6

What are the 6 pieces of a contract?

Answer 6

Offer
Acceptance
Awareness
Consideration
Capacity
Legality